Criminal Force & Assault – s350 and 351 of the Penal Code

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Criminal Force & Assault – s350 and 351 of the Penal Code

When is a person guilty of using “criminal force”?

Criminal force under Section 350 is a charge that is taken very seriously in Singapore. This is especially when criminal force is used in furtherance of sexual crimes such as outrage of modesty or in cases of wrongful confinement as well as cases which deter a public servant from discharging his duty. This charge and its associated charges generally carry a custodial sentence (imprisonment term).

(1) A person is said to use “criminal force” to another person where the person intentionally uses force to any other person, without that person’s consent;

in order to cause any offence to be committed

or intending by the use of such illegal force

(2) to cause, or knowing that the use of such force will illegally cause;

injury

or fear

or annoyance

(3) to the person against whom the force has been used.

Elements

Physical Element:

the use of force to a person without his or her consent

Fault Elements:

the first requirement is that the accused intentionally applied force. This means that knowledge that force is likely to result will not suffice.

the second requirement is that of an ulterior purpose, where the accused intends illegally to cause injury, fear or annoyance or knows that injury, fear or annoyance is likely to be illegally caused.

Examples

Z is sitting in a moored boat on a river. A unfastens the moorings, and thus intentionally causes the boat to drift down the stream. Here A intentionally causes motion to Z, and he does this by disposing substances in such a manner that the motion is produced without any other act on any person’s part. A has therefore intentionally used force to Z; and if he has done so without Z’s consent, in order to cause the committing of any offence, or intending or knowing it to be likely that this use of force will cause injury, fear or annoyance to Z, A has used criminal force to Z.

Z is riding a horse. A lashes Z’s horse, and thereby causes it to quicken its pace. Here A has caused change of motion to Z by inducing the horse to change its motion. A has therefore used force to Z; and if A has done this without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, A has used criminal force to Z.

Z is riding a horse. A, intending to cause hurt to Z, seizes the horse and stops it. Here A has caused cessation of motion to Z, and he has done this by his own bodily power. A has therefore used force to Z; and as A has acted thus intentionally without Z’s consent, in order to cause the commission of an offence, A has used criminal force to Z.

A intentionally pushes against Z in the street. Here A has by his own bodily power moved his own person so as to bring it into contact with Z. He has therefore intentionally used force to Z, and if he has done so without Z’s consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy Z, he has used criminal force to Z.

A throws a stone, intending or knowing it to be likely that the stone will be thus brought into contact with Z, or with Z’s clothes, or with something carried by Z, or that it will strike water and dash up the water against Z’s clothes, or something carried by Z. Here if the throwing of the stone produces the effect of causing any substance to come into contact with Z, or Z’s clothes, A has used force to Z; and if he has done so without Z’s consent, intending thereby to injure, frighten or annoy Z, he has used criminal force to Z.

A intentionally pulls up a woman’s veil. Here A intentionally uses force to her; and if he does so without her consent, intending or knowing it to be likely that he may thereby injure, frighten or annoy her, he has used criminal force to her.

Z is bathing. A pours into the bath water which he knows to be boiling. Here A intentionally by his own bodily power causes such motion in the boiling water as brings that water into contact with Z, or with other water so situated that such contact must affect Z’s sense of feeling; A has therefore intentionally used force to Z; and if he has done this without Z’s consent, intending or knowing it to be likely that he may thereby cause injury, fear or annoyance to Z, A has used criminal force to Z.

A incites a dog to spring upon Z without Z’s consent. Here, if A intends to cause injury, fear or annoyance to Z, he uses criminal force to Z.

When is a person guilty of “assault”?

Assault under Section 351 is, similar to criminal force, a charge that is taken very seriously in Singapore. Assault and criminal force are offences that generally go hand in hand, and thus are similarly given sentences that are custodial (amounting to imprisonment).

(4) A person is said to commit “assault” to another person where the person makes any gesture or any preparation;

intending

or knowing

(5) it to be likely that such gesture or preparation will cause any person who is present at that time to apprehend (realize)

(6) that the person who makes the gesture or preparation is about to use criminal force to any person who is present at that time

Elements

Physical Element:

the making of a “gesture or preparation” (and not merely using words).

Fault Element:

The accused intended or knew it to be likely that any person who was present would apprehend that the accused was about to use criminal force to that person.

Punishments for using Criminal Force

1. General punishment (s 532): Imprisonment of a maximum of 3 months OR a $1,500 fine, OR both imprisonment and a fine.

2. Assault or criminal force to deter a public servant from discharge of his duty (s 353): Imprisonment of a maximum of 4 years OR a fine, OR both imprisonment and a fine.

3. Assault or criminal force to a person with intent to outrage modesty (s 354): Imprisonment of a maximum of 2 years OR a fine, OR caning OR any combination of such punishments. The maximum is to be increased to 5 years imprisonment if the victim is under 14 years of age.

4. Assault or criminal force with the intent to dishonour a person (s 355): Imprisonment of a maximum of 2 years OR a fine, OR both imprisonment and a fine.

5. Assault or criminal force in committing or attempting to commit theft from a person (s 356): Imprisonment of a minimum of 12 months’ maximum of 7 years AND caning.

6. Assault or criminal force in attempting to wrongfully confine a person (s 357): Imprisonment of a maximum of 12 months OR a $3,000 fine, OR both imprisonment and a fine.

7. Assaulting or using criminal force on grave or sudden provocation (s 358): Imprisonment of a maximum of 1 month OR a $1,000 fine, OR both imprisonment and a fine.

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